Montag, Frank --- "Shaping or Administrating the Law? Reflections on the European Courts’ Decision-making Practice in the Field of Competition Law" [2011] ELECD 801; in Govaere, Inge; Quick, Reinhard; Bronckers, Marco (eds), "Trade and Competition Law in the EU and Beyond" (Edward Elgar Publishing, 2011)

Book Title: Trade and Competition Law in the EU and Beyond

Editor(s): Govaere, Inge; Quick, Reinhard; Bronckers, Marco

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857935663

Section: Chapter 29

Section Title: Shaping or Administrating the Law? Reflections on the European Courts’ Decision-making Practice in the Field of Competition Law

Author(s): Montag, Frank

Number of pages: 14

Extract:

29. Shaping or administrating the law?
Reflections on the European
Courts' decision-making practice in
the field of competition law*
Frank Montag**

29.1 INTRODUCTION

When I was invited by the editors to make a contribution to this liber
amicorum for Jacques Bourgeois, I did not hesitate one second to agree. I
have known Jacques for more than two decades. For me he has always been
a most admired example of encyclopaedic knowledge of European compe-
tition and trade law combined with the sound judgement of a seasoned
practitioner both as a European official and later in private practice ­ and
he has a great sense of humour. My brief reflections concern issues that, I
believe, have been close to Jacques Bourgeois's heart, namely the role of the
European courts in developing the law and reviewing the decisions of the
European Commission.
I will make two main propositions. The first is to remove existing legal
uncertainties in European competition law: courageous courts, which take
a lead in actively exercising the discretion they have been granted, are
needed. The second is that the Commission's decisions must be subject to
full and unfettered judicial scrutiny, a demand that will be at the centre of
the discussions below.



*
This contribution is based on a discussion statement by the author at the 4th
Luxembourg Expert Forum on the Development of Union Law, 6 and 7 September
2010.
**
The author thanks his colleagues Joanna Goyder, Daniel Colgan and Anselm
Rodenhausen for their input and ...